New York Auto Theft Laws

Created by FindLaw's team of legal writers and editors | Last reviewed January 17, 2018

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

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Stealing cars in the movies, on television, and in video games is depicted as a thrilling, adrenaline-filled adventure. The scenes are usually fast, occasionally furious, and consistently fun with few repercussions. However, in the real world the scenario is quite different; auto theft is a serious offense with strict penalties in the state of New York.

Larceny Crimes in New York

In New York, if someone deprives a person of their property (any form of property including motor vehicles) or withholds their property, that person has committed a larceny. The theft of the property can be committed in different forms such as embezzlement, extortion, or by a trick or other type of scheme.

New York recognizes differing degrees of larceny depending on the monetary value of the allegedly stolen property. The sentencing and penalties vary, depending on the defendant's criminal history and other factors.

New York Auto Theft Laws at a Glance

The chart below provides a summary of state laws related to New York auto theft laws including links to important code sections.

Statutes

Penalties and Sentencing
  • Grand larceny in the fourth degree: Class E felony. First time offender: No minimum sentence, but it can be up to one and one third to four years prison term. Alternatives: probation, probation with jail, community service, fines, conditional discharge.
  • Grand larceny in the third degree: Class D felony. First time offender: No minimum sentence, but up to two and one third - seven years prison term. Alternatives: probation, probation with jail, community service, fines, conditional discharge.
  • Grand larceny in the second degree: Class C felony. First time offender: No minimum sentence, but up to five- fifteen years prison term. Alternatives: probation, probation with jail, community service, fines, conditional discharge.
  • Grand larceny in the first degree: Class B felony. First time offender: minimum of one- three years prison and maximum possible prison term of twelve and one half to twenty five years in prison; probation and community service are not available. Predicate felons: minimum of four and one half - nine years, maximum of twelve and one half- twenty five years in a state prison.

Defenses
  • Consent
  • Mistake of fact
  • Lack of intent- did not intend to deprive the owner of the property permanently

Related Charges

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Related Resources for New York Auto Theft Laws:

Discuss your Auto Theft Case with an Experienced Attorney

If you're facing auto theft charges in New York, then a conviction could greatly impact your life with possible prison time, fines, and damage to your reputation. Because of this, you should consider discussing your case with an experienced attorney. Use the Findlaw attorney directory to locate a criminal defense attorney in your area today.

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